Attorney General Ken Paxton has successfully challenged an enforcement guidance issued during the Biden Administration, which aimed to redefine "discrimination" to include "gender identity." The redefinition could have led to lawsuits against private and state employers who did not adopt comprehensive transgender-inclusive policies.
"The Biden Administration unlawfully tried to twist federal law into a tool for advancing radical gender ideology by attempting to force employers to adopt ‘transgender’ policies or risk being sued," said Attorney General Paxton. "The federal government has no right to force Texans to play along with delusions or ignore biological reality in our workplaces. This is a great victory for common sense and the rule of law."
In August 2024, Attorney General Paxton, along with the Heritage Foundation, filed a lawsuit against the Equal Employment Opportunity Commission (EEOC) and Biden Administration officials. The lawsuit aimed to prevent enforcement of guidelines that would require employers to use preferred pronouns, allow biological males access to women's facilities, and eliminate sex-specific workplace dress codes. A federal district court ruled that the EEOC had overstepped its authority by issuing guidance that contradicted existing law and violated the Administrative Procedure Act. As a result, the gender-identity provisions have been nullified nationwide.